Page:The Green Bag (1889–1914), Volume 02.pdf/48

 Foot-ball in Law.

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FOOT-BALL IN LAW. ' I "HE distaste with which the game of ' land — the magnificence of whose court and the fame of whose wisdom and justice foot-ball is regarded by the vast major ity of our college authorities seems to be and of the civility of whose subjects allured legitimately inherited from our old English divers foreign princes, and other strangers ancestors. Although the game was known of all estates, to make frequent visits to his in England before 11 75, the law has never country (Scots Acts, 24 June, 1609), — we smiled upon it. A writer in the " Canada are not surprised that he should deem the Law Journal" has collected some curious game too rough for his heir-apparent; and legal facts concerning the game which make in his " Basilikon Doron " he writes : " From this Court I debarre all rough and violent extremely interesting reading. The first law against it was passed in the exercises, as the foot-ball, meeter for lameing thirty-ninth year of the reign of Edward III., I than making able the users thereof." James's famous predecessor — "that bright 1365, and it was then forbidden in conse- j occidental star, Queen Elizabeth, of most quence of its tendency to impede the pro gress of archery. A similar law was enacted happy memory " — was also against foot-ball. In the eighteenth year of her reign there in 12 Richard II., chap. 6, 1388. In the king dom of Scotland, in " the first parliament of was found at the Middlesex Sessions a true King James the First, holden at Perth the bill against sixteen persons, — husbandmen, XXVI day of May, the Yeir of God, ane yeomen, artificers, and the like, — " with un thousand foure hundreth twentie foure yeires : known malefactors to the number of a hun and of his reigne the nineteene yeir," a law dred, who assembled themselves and unlaw was passed saying, " That na man play at fully played a certain unlawful game, called the fute-ball." " It is statute, and the King foot-ball, by reason of which unlawful game forbiddis, that na man play at the fute-ball, there arose amongst them a great affray, under the paine of fiftie schillings to be likely to result in homicides and fatal acci raised to the Lord of the land, als oft as he dents." Some seven years after there was a be tainted, or to the Schireffe of the land coroner's inquest at " Southemyous" on the body of Roger Ludford, yeoman. It was or his ministers, gif the Lords will not pun ish sik trespessoures." Under James II., shown that the deceased, with one Nicholas in 1457, it was "decreeted and ordained, Martyn and Richard Turvey, were playing at that the fute-ball and golfe be utterly foot-ball in a field, when Ludford ran towards cryed downe, and not to be used. . . and the ball with the intention of kicking it; to be punished by the Barronis un-law, and whereupon Nicholas Martyn, "cum cubiti gif he takes not the u"n-law, that it be dextri brachii sui," struck Ludford on the taken be the Kinges officeares." James III. forepart of his body, under his breast, giving decreed against it at his sixth parliament him a mortal blow and concussion, of which held in Edinburgh in 1471. And in 1491 he died in a quarter of an hour. The jury King James IV. enacted " That in na found that Nicholas and Richard in this place of the Realme there be used fute- manner feloniously slew the said Roger. In Cromwell's days, a youth was indicted ball, golfe, or other sik unprofitable sportes, for the playing of the game; this is how the for the common gude of the Realme and de fence thereof," and directed the use of the indictment ran : — bow. "Kent. — Before the justices of the peace it Seeing that his ancestors held these views, was presented that at Maidstone, in the county we are not surprised that James I. of Eng aforesaid, John Bistrod, of Maidstone, etc., apothe